JUDGMENT 1. - This is an appeal against the judgment of the learned Sessions Judge, Jalore dated June 28, 1978 whereby the learned lower court held the accused-appellant Vibha guilty of the offence Under Section 326 IPC and has sentenced him to three years' rigorous imprisonment together with a fine of Rs. 500/- and in default, to undergo three months' rigorous imprisonment. 2. The facts of this case briefly stated are that on January 23, 1978, complainant Vibha was sitting on the Bus Stand near the cinema in the town of Sanchore. Accused Vibha's brother Dhira sold some land to the complainant in Samvat 2030 through a registered sale deed. This was ancestral land and at the time of the sale, accused was minor. When he attained the majority, he tried to take back the possession of this land and he was always giving threats to him that either he should leave this field or he may be killed. To fulfill that threat, it is alleged that on January 23, 1978 at about 3 p.m., the accused came armed with an axe and inflicted injuries on his head in order to kill him by which he fell down on the ground. One blunt weapon injury was also received by him but that appears to have come by a fall and the other two incised wounds which have been received on his head are the result of the axe blows inflicted by accused Vibha. A written report of the incident marked Ex. P7 was lodged at the Police Station, Sanchore on that very day at about 3.15 p.m. The medical examination of the injuries of Vibha was conducted by Dr. M.L. Doshi, who has issued injury report Ex. P. 11. His radiological examination was conducted by Dr. D.K. Sankhla. The X-ray reading report has been marked Ex. P. 1. The X-ray report has disclosed that he had a depressed fracture and a linear fracture through the doronal sulures of the head. 3. After usual investigation, the case against the accused was challaned in the court of learned Munsif and Judicial Magistrate, Sanchore, from where, it was committed for trial to the court of the learned Sessions Judge, Jalore. The learned Sessions Judge charged the accused for the offences Under Section s 307, 326 and 323 IPC. 3. After usual investigation, the case against the accused was challaned in the court of learned Munsif and Judicial Magistrate, Sanchore, from where, it was committed for trial to the court of the learned Sessions Judge, Jalore. The learned Sessions Judge charged the accused for the offences Under Section s 307, 326 and 323 IPC. The accused did not plead guilty to the charges and claimed trial whereupon, the prosecution examined in all 11 witnesses in support of its case. The statement of the accused was recorded Under Section 313 Cr.PC. He led no defence. 4. After hearing the parties, the learned lower court acquitted the accused-appellant Vibha of the offences Under Section s 307 and 323 IPC. It has, however, held him guilty of the offence Under Section 326 IPC and has sentenced him as aforesaid. Hence this appeal by the accused-appellant. 5. I have heard Mr. R.N. Bishnoi, learned Counsel for the accused-appellant and Mr. S.K. Mathur, learned Public Prosecutor for the State. I have carefully gone through the record of the case. 6. Mr. R.N. Bishnoi, learned Counsel appearing for the accused-appellant has not contested the conviction of the accused Under Section 326 IPC. This conviction is fully established from the testimony of the eye witnesses of the occurrence i.e., PW 3 Vibha, PW 4 Harda and PW 5 Vibha (victim), who has been inflicted injuries with axe by accused Vibha. All there three witnesses have categorically stated that on the date of the occurrence, at about 8 p.m., when complainant Vibha was sitting on the Bus Stand, accused Vibha came there armed with an axe and inflicted blows on the head of Vibha. This evidence is fully corroborated by the testimony of Dr. MX. Doshi (PW 3) and Dr. D.K. Sankhla (PW 1). PW 8 Dr. M.L. Doshi has stated that two incised wounds were found on the head of Vibha and these sharp weapon injuries have resulted in fracture, has been proved by PW 1 Dr. D.M. Sankhla. Mr. Bishnoi has made his submissions only regarding sentence. He has stated that at the time of the occurrence, the accused was only 22 years of age. The occurrence has taken place on January 23, 1978. Almost 8 years have elapsed, from the date of the occurrence. D.M. Sankhla. Mr. Bishnoi has made his submissions only regarding sentence. He has stated that at the time of the occurrence, the accused was only 22 years of age. The occurrence has taken place on January 23, 1978. Almost 8 years have elapsed, from the date of the occurrence. This was the first offence of the accused and he entertained a grouse against the complainant because he has purchased his land from his brother when he was minor. He submitted that looking to these facts and circumstances of this case, a lenient view may be taken regarding sentence. 7. Mr. Mathur has, however, submitted that a vital organ of the body i.e. head was availed by the accused. He came armed with an axe and inflicted grievous injuries on his head and, therefore, the sentence awarded to him by the learned lower court should be maintained. 8. I have considered the rival submissions made at the bar. Looking to the fact that this was the first offence of the accused and further taking into consideration the fact that more than 8 years have already elapsed from the date of occurrence, I am inclined to take a lenient view regarding sentence. I feel that the ends of justice would be met if the accused is sentenced to one and half years rigorous imprisonment together with a fine of Rs. 500/- and in default, to undergo 5 months rigorous imprisonment. 9. In the result, I partly accept this appeal, maintain the conviction of the accused-appellant Vibha for the offence Under Section 326 IPC recorded by the learned lower court. However, the sentence recorded against him by the learned lower court is modified and he is sentenced to one half years rigorous imprisonment together with a fine of Rs. 500/- and in default, to further undergo five months rigorous imprisonment. He is already on bail. His bail bonds are hereby cancelled and he is directed to surrender before the learned Sessions Judge, Jalore to serve out the remaining sentence imposed against him. The learned Sessions Judge, Jalore is also directed to effect the arrest of the accused to serve out the remaining sentence imposed against him.Appeal Partly accepted. *******